LAWS(JHAR)-2018-9-87

CENTRAL COALFIELDS LIMITED Vs. BIPIN MURMU

Decided On September 17, 2018
CENTRAL COALFIELDS LIMITED Appellant
V/S
Bipin Murmu Respondents

JUDGEMENT

(1.) I.A. No. 6543 of 2017

(2.) Subsequently on 09th Sept., 2014 an order was passed by the appellant captioned "reasoned order" and the main ground for rejecting the respondent's claim appears to be that the dependency certificate had been obtained after the death of the ex-employee on 11th Aug., 2005. In course of hearing before us, another ground on which the rejection order was founded was referred to. This ground was that the deceased employee was survived by his direct dependent-his widow. This decision was challenged by the respondent-writ petitioner by filing a writ petition, W.P.(S) No.3374 of 2015. The learned First Court has allowed the writ petition in the following terms :

(3.) Now before us the appellant has assailed the judgment of the learned First Court primarily on two grounds. Both these grounds formed the basis of the rejection order. We have considered the submissions of the learned counsel for the parties and do not find any reason to interfere with the judgment under appeal. We have reproduced the relevant paragraphs of order of the learned First Court. The learned First Court in substance reiterated the order passed by the Honourable Division Bench. The authorities are to now take a decision afresh in the light of the dependency certificate and other relevant documents produced by the appellant. There is no finding on merit on the respondent-writ petitioner being ineligible on any other ground. We accordingly dismiss the appeal. The order of the learned First Court shall be complied with within a period of 8 weeks from the date of communication of this order.